One question. Assuming his Momma was who he said she was, an American Citizen, doesn’t that automatically qualify him even if his birth Mother is traveling and he is born outside the US?
No. If she was married, she has to have met a residency in the US requirement, in 1961, that was 5 years after her 14th birthday. She was not yet 19 and so she didn’t meet that requirement. If she was not legally married (where the birth took place) then she only needed to have resided in the US for one year. But all that is about being a citizen at birth, and is provided by statute. A statue cannot change the meaning of a Constitutional term, and so he would not be a natural born citizen, which is the Constitutional requirement.
If born in the US, with his mother married or not, and his legal father not a US citizen, he is likely also not natural born. I say likely, because it’s never really been adjudicated. Only one other President hid his records, Chester Arthur, whose father, it has recently been discovered, was not a US citizen at the time of Chester’s birth, although Unlike BHO Sr, he did eventually become one, when CA was 14.
Arthur was born in Vermont, never lived outside the US, and had the same father from the time he was born until his father passed away. Quite a Contrast to the Current resident of the Oval Office.
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I have not checked - but if I remember correctly, the British Nationality Act of 1948 confers British citizenship on ALL children born abroad to British citizens - yes, even bastards ...
So, he would STILL be a dual national AND NOT an NBC ...
Doesn't matter. His father would still not have been a US citizen, which is what matters. Rummy Chick has looked into the British law at the time, and a legal marriage does matter. But it's complicated, since much of the British empire did allow polygamy, their nationality laws allowed for that, so the place of marriage and the legal domicile of the British subject parent seem to matter as to British nationality at birth.
"Dual Citizenhip" is something of a Red Herring, it's the nationality status of the parents, plural, that counts.
Citizen? Okay, but not NBC.